The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.

Physicians working in the world of competitive sports face unique ethical challenges, many of which center around conflicts of interest. Team-employed physicians have obligations to act in the club's best interest while caring for the individual athlete. As such, they must balance issues like protecting versus sharing health information, as well as issues regarding autonomous informed consent versus paternalistic decision making in determining whether an athlete may compete safely. Moreover, the physician has to deal with an athlete's decisions about performance (...) enhancement and return to play, pursuit of which may not be in the athlete's long-term best interests but may benefit the athlete and team in the short term. These difficult tasks are complicated by the lack of evidence-based standards in a field influenced by the lure of financial gains for multiple parties involved. In this article, we review ethical issues in sports medicine with specific attention paid to American professional football. (shrink)

The computational genomics community has come increasingly to rely on the methodology of creating annotations of scientific literature using terms from controlled structured vocabularies such as the Gene Ontology (GO). We here address the question of what such annotations signify and of how they are created by working biologists. Our goal is to promote a better understanding of how the results of experiments are captured in annotations in the hope that this will lead to better representations of biological reality through (...) both the annotation process and ontology development, and in more informed use of the GO resources by experimental scientists. (shrink)

Perceptual completion fills the gap for discrete perception to become continuous. Similarly, dynamic perceptual completion provides an experience of dynamic continuity. Our recent discovery of the ‘happening’ element of DPC completes the total experience for dynamism in the flow of time. However, a phenomenological explanation for these experiences is essential. The Snapshot Hypotheses especially the Dynamic Snapshot View provides the most comprehensive explanation. From that understanding the ‘two times’ problem can be addressed. The static time of spacetime cosmologies has been (...) irreconcilable with the dynamic FOT. Dismissing the FOT as an illusion is unsatisfactory. Therefore, we provide four hypotheses for the TTP.1) Since cosmological static time demands that all events are discrete, DPC elements for dynamism should likewise be expected to be discrete and accounted for by a snapshot phenomenology such as the DSV. 2) If temporality can be demonstrated to be similar to apparent motion by being a snapshot phenomenon and not demanding temporal extension it would confirm the DSV and permit reconciliation with static time. 3) If the ‘present moment’ is subjective as static time theories suggest, it should be possible experimentally for an observer to choose his own ‘present’ by moving to various points in the past with the aid of virtual reality. 4) If dynamism e.g. motion can be precluded without significant information loss or violating physics principles it is a cognitive add-on, thereby contradicting non-static time theories which suggest that time is ‘real.’ We confirm those hypotheses. (shrink)

The Neurological Disease Ontology (ND) is being developed to provide a comprehensive framework for the representation of neurological diseases (Diehl et al., 2013). ND utilizes the model established by the Ontology for General Medical Science (OGMS) for the representation of entities in medicine and disease (Scheuermann et al., 2009). The goal of ND is to include information for each disease concerning its molecular, genetic, and environmental origins, the processes involved in its etiology and realization, as well as its clinical presentation (...) including signs and symptoms. (shrink)

Surveys over the last twenty years have seen an ever-growing number of Americans disclaim religious affiliations and instead check the "none" box. In the first sociological exploration of organized secularism in America, Richard Cimino and Christopher Smith show how one segment of these "nones" have created a new, cohesive atheist identity through activism and the creation of communities. According to Cimino and Smith, the new upsurge of atheists is a reaction to the revival of religious fervor in American (...) politics since 1980. Feeling overlooked and underrepresented in the public sphere, atheists have employed a wide variety of strategies-some evangelical, some based on identity politics-to defend and assert themselves against their ideological opponents. These strategies include building and maintaining communities, despite the absence of the kinds of shared rituals, texts, and laws that help to sustain organized religions.Drawing on in-depth interviews with self-identified atheist, secularist, and humanist leaders and activists, as well as extensive observations and analysis of secular gatherings and media, Cimino and Smith illustrate how atheists organize and align themselves toward common goals, and how media-particularly web-based media-have proven invaluable in connecting atheists to one another and in creating a powerful virtual community. Cimino and Smith suggest that secularists rely not only on the Internet for community-building, but on their own new forms of ritual.This groundbreaking study will be essential reading for anyone seeking to understand the growing atheist movement in America. (shrink)

In this view from 2007–2009, the ethical challenges facing a potential global effort to control infectious disease are explored; they provide sobering insight into the challenges of later decades. Despite the devastating pandemic of HIV/AIDS that erupted in the early 1980s, despite the failure to eradicate polio and the emergence of resistant forms of tuberculosis that came into focus in the 1990s, and despite newly emerging diseases like Severe Acute Respiratory Syndrome (SARS) in 2003 and the fearsome prospect of human-to-human (...) avian flu, it is nevertheless a time of some excitement over prospects for effective control of much of infectious disease. Funded by national and international governmental and nongovernmental organizations (NGOs), private foundations, and even popular entertainers, large-scale new efforts are under way to address global killers like AIDS, tuberculosis, and malaria, among others. This “marvelous momentum” can be seen as part of a continuing effort from the time of Jenner onward. Extrapolating from this, we explore the notion of a “comprehensive global effort for the eradication, elimination or control of infectious disease”, with particular attention to the ethical issues that arise. This is to “think big” about disease-control efforts that are now often done in piecemeal ways. This chapter identifies five tracks along which such efforts need to be pursued: (1) national and international organizations and the development of collective will; (2) epidemiological and health care infrastructure; (3) scientific development; (4) religious, social, and cultural considerations; (5) legal and social protections for individuals and groups. Each of these poses significant ethical issues which, we argue, should be viewed in a comprehensive way, to ensure that practice, research, and policy in each of these areas understands the person with communicable infectious disease as both victim and (potential) vector. (shrink)

"A CEVAM book." Bibliography: p. 259-265. Includes index.

Cognitive Science, Volume 46, Issue 5, May 2022.

The present volume draws together original and significant essays from a number of leading authorities which identify areas of the modern criminal law where there are significant conceptual difficulties. The project developed from a series of seminars in Cambridge University, in which leading Anglo-American philosophers, criminal lawyers and legal theorists explored subjects such as attempts, intention, justification, excuses, coercion, complicity, drug-dealing and criminal harm.

© 2015, Springer-Verlag Berlin Heidelberg.Genetic studies have identified single nucleotide polymorphisms associated with the risk of prostate cancer. It remains unclear whether such genetic variants are associated with disease aggressiveness. The NCI-SPORE Genetics Working Group retrospectively collected clinicopathologic information and genotype data for 36 SNPs which at the time had been validated to be associated with PC risk from 25,674 cases with PC. Cases were grouped according to race, Gleason score and aggressiveness. Statistical analyses were used to compare the frequency (...) of the SNPs between different disease cohorts. After adjusting for multiple testing, only PC-risk SNP rs2735839 was significantly and inversely associated with aggressive and high-grade disease in European men. Similar associations with aggressive and high-grade disease were documented in African-American subjects. The G allele of rs2735839 was associated with disease aggressiveness even at low PSA levels in both European and African-American men. Our results provide further support that a PC-risk SNP rs2735839 near the KLK3 gene on chromosome 19q13 may be associated with aggressive and high-grade PC. Future prospectively designed, case-case GWAS are needed to identify additional SNPs associated with PC aggressiveness. (shrink)

As an alternative to universalism and particularism, Intermedialities: Philosophy, Arts, Politics proposes "intermedialities" as a new model of social relations and intercultural dialogue. The concept of "intermedialities" stresses the necessity of situating debates concerning social relations in the divergent contexts of new media and avant-garde artistic practices as well as feminist, political, and philosophical analyses.

Making research data readily accessible during a public health emergency can have profound effects on our response capabilities. The moral milieu of this data sharing has not yet been adequately explored. This article explores the foundation and nature of a duty, if any, that researchers have to share data, specifically in the context of public health emergencies. There are three notable reasons that stand in opposition to a duty to share one’s data, relating to: (i) data property and ownership, (ii) (...) just distribution of benefits and burdens and (iii) the contemporary ethos of science. We argue each reason can be successfully met with corresponding rationale in favour of data sharing. Further support for data sharing has been echoed in policies of health agencies, funding bodies and academic institutions; in documents on the ethical conduct of biomedical research; and in discussions on the nature of public health. From this, we ascertain that sharing data is the morally sound default position. This article then highlights the key roles reciprocity and solidarity play in supporting the practice of data sharing. We conclude with recommendations to regard public health research data as a common-pool resource in order to build a framework for stable data sharing management. (shrink)

This paper proposes a generalization of the Kripke semantics of intuitionistic logic IL appropriate for intuitionistic Łukasiewicz logic IŁL — a logic in the intersection between IL and (classical) Łukasiewicz logic. This generalised Kripke semantics is based on the poset sum construction, used in Bova and Montagna (Theoret Comput Sci 410(12):1143–1158, 2009) to show the decidability (and PSPACE completeness) of the quasiequational theory of commutative, integral and bounded GBL algebras. The main idea is that w \Vdash \sigma—which for IL is (...) a relation between worlds w and formulas \sigma, and can be seen as a function taking values in the booleans w \Vdash \sigma \in {B}—becomes a function taking values in the unit interval w \Vdash \sigma \in [0,1]. An appropriate monotonicity restriction (which we call sloping functions) needs to be put on such functions in order to ensure soundness and completeness of the semantics. (shrink)

Michael Hornsby-Smith offers an overview of Catholic social thought particularly in recent decades. While drawing on official teaching such as papal encyclicals and the pastoral letters of bishops' conferences, he takes seriously the need for dialogue with secular thought. The 2006 book is organized in four stages. Part I outlines the variety of domestic and international injustices and seeks to offer a social analysis of the causes of these injustices. Part II offers a theological reflection on the characteristics of (...) the kingdom of God which Christians are urged to seek. Part III reviews Catholic social thought in six main areas: human rights, the family and bioethical issues, economic life, social exclusion, authentic development, and war and peace. Part IV completes the cycle with a consideration of appropriate social action responses to the injustices which the author has identified and analysed. (shrink)

Mistakes and errors happen in most spheres of human life and activity, including in medicine. A mistake can be as simple and benign as the collection of an extra and unnecessary urine sample. Or a mistake can cause serious but reversible harm, such as an overdose of insulin in a patient with diabetes, resulting in hypoglycemia, seizures, and coma. Or a mistake can result in serious and permanent damage for the patient, such as the failure to consider epiglottitis in an (...) initial differential diagnosis, resulting in a chronic vegetative state for a seven-year-old boy. Or a mistake can be an error in judgment that leads to a patient's death. (shrink)

The constructionist thesis of history states, in general, that the historian must construct a theory to explain the past. Some, including Leon Goldstein, attempt to push this formulation beyond a description of historical methodology. They argue that since the real past is inaccessible to present observation, the real past can have no relevance for historiography. The distinctions made between the present, the real past, and the historical past generate problems with the concepts of past and present knowledge, theoretical infrastructure and (...) experience, verification and truth, conflicting historical theories, and observation and knowledge. Goldstein's formulation of the constructionist thesis assumes the conflicting positions that experiential perception is paradigmatic of all methods of acquiring knowledge, and that knowledge is itself a kind of experience. As well as conflicting with commonsense views, his thesis is internally incoherent. (shrink)

REMARKS ON EVOLUTION AND TIME-SCALES, Graham Cairns-Smith; HODGSON'S BLACK BOX, Thomas Clark; DO HODGSON'S PROPOSITIONS UNIQUELY CHARACTERIZE FREE WILL?, Ravi Gomatam; WHAT SHOULD WE RETAIN FROM A PLAIN PERSON'S CONCEPT OF FREE WILL?, Gilberto Gomes; ISOLATING DISPARATE CHALLENGES TO HODGSON'S ACCOUNT OF FREE WILL, Liberty Jaswal; FREE AGENCY AND LAWS OF NATURE, Robert Kane; SCIENCE VERSUS REALIZATION OF VALUE, NOT DETERMINISM VERSUS CHOICE, Nicholas Maxwell; COMMENTS ON HODGSON, J.J.C. Smart; THE VIEW FROM WITHIN, Sean Spence; COMMENTARY ON HODGSON, Henry (...) Stapp. (shrink)

Utilitarianism claims to be a rational moral theory in at least three ways. First, it claims to give us an objective standard of morality, a way of deciding moral issues, not in the light of what each of us happens to like or dislike, but on publicly verifiable grounds. Secondly, by offering only one criterion of morality it assures consistency. If we accept a system which invokes two or more independent principles, there is always the possibility of insoluble conflict. For (...) example, if we take our stand on the Ten Commandments, we cannot, without divine revelation, be sure that we shall not one day find ourselves in a situation in which we must break one or other of them; and our system gives us no guide as to which we ought to break. (shrink)